1. What are biosolids and septage?

Biosolids and septage both refer to human waste.

Biosolids are treated wastes from sewage treatment plants that remain after the water is removed. In Ontario, solids are settled out at municipal sewage treatment plants after primary and secondary treatment. These solids are treated by bacterial decomposition and the resulting material is called “stabilized” sewage sludge or biosolids. The stabilizing process reduces the pathogens (viruses, bacteria, fungi and protozoa) in the biosolids, but does not eliminate them. Biosolids may also be contaminated by heavy metals and other industrial pollutants.

Septage is untreated human waste pumped out of septic tanks, portable toilets or holding tanks, and usually hauled away by trucks. Treatment is not required for septage. This means septage is likely to have higher concentrations of pathogens.

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2. Why are biosolids and septage used on agricultural land?

Municipal sewage treatment plants in Ontario produce about 300,000 tonnes of treated sewage or biosolids every year. There are three possible options for disposal – incineration, landfill, or spreading on agricultural land and land farms.

Currently, less than half is incinerated or sent to landfills. Most of it is spread on land. Because the options of incineration and landfill are more expensive, municipalities are increasingly choosing to apply sewage sludge to land.

Septage can be disposed of through municipal sewage treatment plants, in waste stabilization lagoons, sent to waste disposal sites such as landfills that are approved for septage, or applied to land.

Moreover, biosolids and septage can be beneficial to soil. Both contain nutrients – such as phosphorus and nitrogen -- that can be used by farmers as fertilizer. However, like animal manure and other nutrients, they can degrade the environment if they are not properly monitored and controlled. Pulp and paper biosolids and other non-agricultural materials, such as brewery and meat processing waste byproducts, are also spread on land as fertilizer.

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3. What are the environmental risks from spreading biosolids on land?

Environmental damage can occur when sewage sludge or other nutrient-rich materials wash off fields and into waterways. Phosphorus and nitrogen can cause algal blooms, oxygen depletion and fish kills.

Another problem is the possibility that pathogens from biosolids leach into ground or surface water, and cause contamination of drinking water supplies.

Biosolids may be contaminated with heavy metals such as chromium, cadmium and lead, or other contaminants that come from industries discharging to the sewage treatment plants. These metals may enter the food or water supply if they are applied to agricultural land.

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4. How are these wastes regulated in Ontario?

Land application of biosolids is regulated under Part V of Ontario’s Environmental Protection Act, and Ontario Regulation 347. The Ministry of the Environment currently approves the spreading of biosolids or non-agricultural wastes through the Ministry of the Environment Land Application Program. The Ministry has been reviewing this program.

Municipalities or contractors must apply to the Ministry of the Environment’s Regional Offices for a Certificate of Approval for an “organic soil conditioning site”. Certificates of approval usually contain site-specific conditions and require compliance with general standards set out in Regulation 347. Before issuing an approval, the Ministry staff may inspect proposed sites to make sure that they meet the standards.

The Ministry also uses the “Guidelines for the Utilization of Biosolids and Other Wastes on Agricultural Lands”, issued in March 1996, to evaluate the suitability of sites. The guidelines state that “the use of biosolids and other waste materials must be of benefit to crop production or soil health”. Furthermore, they require that “such use shall not degrade the natural environment or cause any degradation in drinking water supplies”.

Farmers who plan to use biosolids on their land also submit an application to the local Ministry of the Environment District Office. These applications must be accompanied by an analysis of the soil for each field on which biosolids will be used, including levels of nutrients like nitrogen and potassium, as well as heavy metals. Maps of the proposed sites must show their proximity to homes, wells and waterways, the land slope and soil permeability.

The “Guidelines for the Utilization of Biosolids and Other Wastes on Agricultural Lands” (Publication 3425 under Waste-Nutrient Management) can be found at: www.ene.gov.on.ca/envision/gp/

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5. What concerns were raised by the Environmental Commissioner of Ontario?

In his Annual Report of 2000/2001, "Having Regard", the Environmental Commissioner of Ontario identified concerns raised by farmers and citizens about the land application of biosolids and septage. He recommended that the Ministry of the Environment and the Ministry of Agriculture and Food ensure that new legislation and policies for sewage sludge and septage address the need for overall ecosystem protection and the protection of groundwater recharge areas.

He identified the following problems with Ontario’s rules for sewage and septage spreading:

• Nutrient management plans are not required for an approved site that is receiving sewage. This means that there is no accurate or current information about nutrient loads being applied, soil or weather conditions, or actual crop nutrient needs. This lack of information increases the risk of run-off to ground or surface water.
• There is no recognition of groundwater recharge areas or environmentally sensitive areas that are more prone to contamination.
• There is no public notification -- the Ministry of the Environment is not required to post notice of proposed approvals for sludge or septage spreading sites on the Environmental Bill of Rights Registry.
• There is no public registry of spreading sites.
• There is no requirement that operators applying sludge be trained and certified.
• There are no restrictions on applying sludge to farmlands with tile drains that can carry contaminants directly to waterways.
• There is no prohibition against land application onto frozen soil.

The 2000/2001 Annual Report of the Environmental Commissioner of Ontario can be found under publications at: www.eco.on.ca/

In addition, information on sewage treatment plant discharges and their potential impact on Ontario's lakes and rivers can be found at the same web site in the 2002/2003 Annual Report.

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6. What are Justice O’Connor’s recommendations on biosolids and septage from the Report of the Walkerton Commission of Inquiry?

As part of his inquiry into the ways in which the province could protect drinking water sources, Mr. Justice Dennis O’Connor looked at specific threats such as the spreading of biosolids on agricultural land. He was satisfied that concerns about biosolids and septage could be addressed by the source protection planning process that he envisioned. He specifically recommended that the Ministry of the Environment should not issue certificates of approval for the spreading of waste materials like biosolids and septage unless they were compatible with the applicable source protection plan. He also recommended strict enforcement by the Ministry of the Environment of certificates of approval.

The Report of the Walkerton Commission of Inquiry, Parts 1 and 2, contains information on Justice O'Connor's recommendations regarding the need for nutrient control. For recommendations on Biosolids and Septage, see Part Two, Chapter 4, Source Protection, Section 4.4, Specific Threats. The Report is available at: www.attorneygeneral.jus.gov.on.ca/english/about/pubs/walkerton/

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7. Does the Nutrient Management Act, 2002, apply to these materials?

In the wake of the tragedy in Walkerton in May 2000, the provincial government committed itself to province-wide nutrient management standards. The Nutrient Management Act was part of a package of initiatives announced in June 2001, that included a province-wide ban on the land application of untreated septage, to be phased in over 5 years.

The Nutrient Management Act, 2002, was developed by the Ministry of the Environment and the Ministry of Agriculture and Food and came into force in July 2003. It is enabling legislation that supports the development of regulations for nutrient management and other related farm practices, including the land application of biosolids.

In addition, the General Regulation under the Nutrient Management Act, O. Reg 267/03, sets out specific details of the legal requirements for the handling, storage and land application of nutrients. This Regulation came into force on September 30, 2003, and was amended on December 19, 2003. However, the requirements of the Regulation are phased in over a period of 5 years.

See the Nutrient Management FAQ.

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8. What does the Nutrient Management Act and Regulation mean for biosolids?

As well as regulating agricultural nutrients like animal manure, Regulation 267/03, under the Nutrient Management Act, applies to the land application of biosolids and other nutrient-rich materials that are not from animal sources These are defined as “non-agricultural materials” in the Regulation. They include: sewage biosolids, pulp and paper biosolids, and other non-agricultural nutrient materials capable of being land-applied (brewery and meat processing byproducts, for example).

All generators of these non-agricultural materials, such as municipalities, are required to have a nutrient management strategy in place by 2008. The strategies will outline how they manage these materials, including:

• A description of the type of operation and the material generated,
• The total annual volume of material generated,
• A description of the storage capacity,
• An analysis of the nutrient content and other tests of materials,
• A list of nutrient uses with appropriate agreements.

The strategies must be submitted to the Ministry of Agriculture and Food for approval. They must also be renewed every five years, or earlier if there is a change: in the control or ownership that adversely affects the capacity to implement the strategy, a 20 per cent or more increase in the amount of nutrients generated, a change in the use of the materials generated, or a loss of available destinations resulting in more material than can be accommodated.

Municipalities and other generators of these materials will still be required to obtain a certificate of approval from the Ministry of the Environment, in addition to meeting their obligations under the Nutrient Management Act.

The other provisions of the Regulation also apply to biosolids and the other non-agricultural source materials. Like farm nutrient management plans, strategies must be approved by the Director every five years. Non-agricultural source materials must be set back the legally-required distances from drilled wells, municipal wells and other watercourses. There are restrictions on the application of these materials to frozen or snow-covered ground as well as restrictions from December 1 to March 31. No new storage is allowed close to tile drains.

Biosolids and other non-agricultural source materials, and the land where it will be applied, must meet the sampling requirements set out in Part IX of the Regulation. Biosolids must be tested for pH, potassium, pathogens and eleven metals before they are approved for use on fields.

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9. Are there other changes to the handling of biosolids and other non-agricultural nutrient problems?

In addition to the requirements of the Nutrient Management Act and Regulation 267/03, the Ministry of the Environment has proposed an amendment to Regulation 347, R.R.O. 1990, the general waste management regulation under the Environmental Protection Act. The proposed Consultation and Notification Requirements would require that municipalities are consulted and given an opportunity to present any relevant technical application. (Although municipalities generate sewage sludge, it may be applied to land in another municipality referred to as the “host” municipality. This change would require municipalities and others that generate biosolids to notify municipalities where they are used.) The Regulation also proposes that neighbours are notified before there is an approval for land application of biosolids.

It was originally proposed that the amendment would require that municipalities be consulted effective December 1, 2003 and notice given to neighbours effective September 1, 2003. This proposed amendment was posted on the Environmental Bill of Rights Registry on April 25, 2003. A decision can be posted at any time after the 30 day comment period is finished.

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10. What are the Ministry of the Environment's plans for septage in Ontario?

As part of the nutrient management initiatives, in June 2001 the government made a commitment to phase out the land application of septage over a five year period. The Ministry of the Environment planned to introduce a regulation on the phase-out of septage following consultations on the draft regulations of the Nutrient Management Act.

Their proposal for the five-year phase out contained these key provisions that would take effect as soon as the regulation was in place:

• There would be an immediate ban on the land application of portable toilet waste;
• As the first step in the phase-out of the land application of septage, the Ministry of the Environment would not approve any new sites to receive untreated septage;
• Existing certificates of approval would be reviewed when they were up for renewal to see if the septage could be accepted by a local sewage treatment plant or another treatment facility;
• Where there are no immediate alternatives, existing certificates of approval will be renewed, but only for a three year period;
• In the last 12 months before the final ban on land application of septage, the Ministry will not accept any applications for renewals of certificates of approval;
• The Ministry of the Environment would require municipalities to prepare strategies for the management of septage that would be the equivalent of a Nutrient Management Strategy;
• The restrictions on winter spreading and the land application standards (such as setbacks from surface water and municipal wells) would apply to septage.

The Ministry has also promised a full consultation with all stakeholders who are affected by the phase-out. This would include particularly rural homeowners served by septic systems.

The Ministry of the Environment's "Proposed Strategy for Five-Year Phase-out of the Land Application of Untreated Septage" can be found at: www.ene.gov.on.ca/envision/land/septage.htm

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11. What are the Canadian Environmental Law Association’s views on biosolids and septage?

The Canadian Environmental Law Association (CELA) is concerned that the Nutrient Management Act and its Regulation will not be integrated with source protection legislation, which the government has yet to introduce.

For a summary of CELA’s concerns, see “Responding to the Ontario Government’s Stage 1 Proposals under the Nutrient Management Act”, Intervenor, December 2002, Theresa McClenaghan.

The complete CELA brief, “Proposed Stage 1 Draft Nutrient Management Regulations under the Nutrient Management Act” can be found at: www.cela.ca/land&EA/430nma.pdf

A second CELA brief on the Proposed Stage 2 Draft Nutrient Management Regulations is entitled, "Comments by CELA to the Ministry of Agriculture, Food and Rural Affairs, Strategic Policy Branch re: EBR Registry Number: RC02E0002 on the Proposed Stage 2 Draft Nutrient Management Regulations under the Nutrient Management Act".

For CELA's brief on Septage entitled, "Comments on Ban on the Land Application of Untreated Portable Toilet Waste and Consultation and Notification Requirements under the Environmental Protection Act for land application sites for biosolids and other non-agricultural waste. EBR Registry Numbers: RA03E00016 & RA03E0017", see: www.cela.ca/447biosolids.pdf

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12. How can I find more information on biosolids in Ontario?

The Nutrient Management Act, 2002, and its General Regulation 267/03 can be found at:
www.e-laws.gov.on.ca/

Both the Nutrient Management Act and the Report of the Walkerton Commission of Inquiry are available in print from the Ontario Government Bookstore at: http://pubont.stores.gov.on.ca/pool/

The Ministry of Agriculture and Food has set up the “Nutrient Management Act Home Page” to provide information about the development of the Act and Regulation. It can be found at:
www.gov.on.ca/omafra/english/agops/index.html

The Ministry of the Environment also has information about nutrient management at:
www.ene.gov.on.ca/envision/land/nutrient_management.htm

A critique of the use of biosolids on land by Maureen Riley, “The Case Against Land Application of Sewage Sludge Pathogens”, The Canadian Journal of Infectious Diseases, July/August 2001, can be found at: http://pulsus.com/Infdis/12_04/reil_ed.htm

The Nutrient Management Act is one of four legislative changes recommended by the Report of the Walkerton Commission of Inquiry. For information on the other three, see the Safe Drinking Water Act FAQ, Source Protection FAQ, and the Water Financing FAQ.

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13. How can I find more information about biosolids and septage in other jurisdictions?

The United States Environmental Protection Agency has established a voluntary “Environmental Management System” for applying biosolids to land. This program aims to set up a partnership with communities to handle biosolids in a "community-friendly" fashion, including public disclosure and control of noise, odour and dust. For more information on how biosolids are handled in the United States, see:
www.epa.gov/owm/mtb/biosolids

For septage land application information in the United States, see "A Guide to the Federal EPA Rule for Land Application of Domestic Septage to Non-Public Contact Sites" at:
www.epa.gov/OW-OWM.html/mtb/biosolids/septage_guide.pdf

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